Review - S 2226 Considered in Senate – FY 2024 NDAA – 7-26-23

Yesterday, the Senate continued their consideration of S 2226, the FY 2024 National Defense Authorization Act. Four amendments were considered (one passed and three failed), none of which were of particular interest here. An agreement was reached to continue consideration today with a vote scheduled for Warnock Amendment No. 199, again not of particular interest here. Thirteen new amendments were proposed yesterday, SA 1059 thru 1072.

 

For more details about yesterday’s coverage, including links to the amendments of interest, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2226-considered-in-senate-1c7 - subscription required.

Review - S 2226 Considered in Senate – FY 2024 NDAA – 7-19-23

Yesterday, after voting 72 to 25 to proceed to the consideration of S 2226, the FY 2024 National Defense Authorization Act, the Senate began to actively consider the bill. Four amendments were considered (none of specific interest here) with two being adopted and two rejected by recorded votes. Further debate continues today with a vote scheduled on SA 926, adding a section on “Prohibition on Sales of Petroleum Products from the Strategic Petroleum Reserve to Certain Countries.” Other amendments may be considered.

 

For more details on yesterday’s consideration of S 2226, including links to all of the amendments submitted to date, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2226-considered-in-senate - subscription required.

Review - S 2226 Introduced in Senate – FY 2024 NDAA

Last week Sen Reed (D,RI) introduced S 2226, the National Defense Authorization Act for Fiscal Year 2024. This is the Senate version of the annual ‘must past’ defense authorization bill. The Senate Appropriations Committee published their report on the bill. Most cyber issues in the bill relate specifically to military missions, but there are cybersecurity provisions that may have wider impact, both in the bill and in the Report.

Moving Forward

The Senate is scheduled to begin consideration of the bill today. A large number of amendments have been proposed, but it is too early to determine which amendments will actually be considered in the Senate. I will be looking at those amendments in separate posts.

The House passed their version of the legislation (HR 2670) last week. This bill is substantially different from that version, and it will be further amended in the Senate this week (and possibly next). A conference committee will be formed to iron out the multiple differences between the two bills, producing a consensus version that hopefully could pass in both bodies sometime after the summer recess (and hopefully before the end of the calendar year).

 

For more details about the cybersecurity provisions in the bill, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2226-introduced-in-senate - subscription required.

HR 2670 Passed in House – FY 2024 NDAA

Earlier today, the House completed action on H 2670, the FY 2024 National Defense Authorization Act by a near party-line vote of 219 to 210. The action was taken after a number of additional amendments were considered. Four Democrats voted for the bill and four Republicans voted against it.

While there has been mention in the press (see here for instance) that some of the more radical provisions added to the bill in the amendment process would make the bill harder to pass. There was never any doubt that Democrats would not be supporting the bill, but many people apparently thought that there would be some sort of moderat Republican groundswell against the bill. That never made any sense since the votes of those same moderates were necessary to pass each of the amendments that many commentors found objectionable.

There were a number of instances where moderate Republicans did join with Democrats to reject some of the more radical amendments. For example (votes from yesterday):

• An amendment, offered by Rep Greene (R,GA) (#48 printed on page 83 of H Rept 118-142) to prohibit cluster munitions or cluster munitions technology be sold or transferred to Ukraine. Failed by recorded vote: 147 - 276, 2 Present.

• An amendment, offered by Rep Gaetz (R,FL) (#52 printed on page 87 of the Report) to prohibit federal funds for training on diversity, equity, and inclusion. Failed by recorded vote: 210 – 221.

• An amendment, offered by Rep Biggs (R,AZ) (#55 printed on page 91 of the Report) to exempt defense related activities from the Endangered Species Act. Failed by recorded vote: 193 – 237.

The Senate will take up S 2226, the Senate version of the NDAA, next week. Even ignoring some of the more controversial amendments passed yesterday, the Senate version will be significantly different than the version of HR 2670 passed today. The differences between the two bills will be ironed out later this summer (hopefully) in a conference committee, the idea being that the revised NDAA produced in conference would be passable in both the House and Senate.

BTW: The Colorado Gazette is reporting that Rep Greene is going to be appointed to the conference committee for the NDAA. They note: “Greene said McCarthy offered her this spot in exchange for her vote on the NDAA.”

HR 2670 Considered in the House – 7-13-23 – FY 2024 NDAA

Yesterday the House continued their consideration of HR 2670, the FY 2024 National Defense Authorization Act. The consensus actions of the previous day were done, with the House grinding through Amendment 62 (of the 80 amendments approved by the House Rules Committee). While most of the amendments passed or failed by near party-line votes, there were a number of instances where minorities of either party switched their support for amendments.

The House adjourned at 11:32 pm EDT and will resume consideration today.

The Senate is preparing to consider S 2226, their version of the NDAA with a large number of amendments already introduced. The two versions of the bill will be significantly different and will have to be resolved in conference. Most of the more radical amendments agreed to yesterday in the House will almost certainly be stripped from the version reported out of conference. The House will need significant Democratic support for the reported bill to be able to be passed.

NOTE: Corrected date in Title to reflect date of actions in the House - 2154 EDT 7-14-23

Bills Introduced – 7-11-23

Yesterday, with both the House and Senate in session, there were 80 bills introduced. Five of those bills may receive additional coverage in this blog.

HR 4540 To amend the Safe Drinking Water Act to establish a program to provide grants to suppliers of water for the purpose of making infrastructure improvements to public water systems, and for other purposes. Cuellar, Henry [Rep.-D-TX-28]

HR 4542 To support research, development, and other activities to develop innovative vehicle technologies, and for other purposes. Dingell, Debbie [Rep.-D-MI-6] 

HR 4552 To improve the cybersecurity of the Federal Government, and for other purposes. Mace, Nancy [Rep.-R-SC-1] 

S 2226 National Defense Authorization Act for Fiscal Year 2024 Reed, Jack [Sen.-D-RI] 

S 2251 A bill to improve the cybersecurity of the Federal Government, and for other purposes. Peters, Gary C. [Sen.-D-MI]

I will be watching both HR 4540 and HR 4542 for language hat specifically covers cybersecurity within the scope of the coverage of the legislation.

HR 4552 and S 2251 are both probably updates to the Federal Information Security Modernization Act of 2014. I do not normally cover that legislation, but I will be watching for language and definitions that may have significant impact on operational technology cybersecurity in non-federal agencies.

I will be covering the Senate version of the NDAA, S 2226.